St. Petersburg Assault Lawyer

An assault charge in Florida does not require that anyone was touched. A threat, a raised fist, or a gesture with an object can be enough, and when the State says a weapon was involved, the misdemeanor becomes a felony. Many assault cases in St. Petersburg grow out of an argument, a road rage incident, a bar confrontation, or a dispute with a neighbor, and they are charged based on one person’s account of what was said.

Goldman Wetzel defends people charged with assault, aggravated assault, assault on an officer, and related charges in St. Petersburg and throughout Pinellas County. Both of our attorneys work on every case, and one of us is a former Pinellas County prosecutor.

Assault Charges We Handle

How Florida Defines Assault

Under Fla. Stat. § 784.011, assault is an intentional, unlawful threat by word or act to do violence to another person, with the apparent ability to carry it out, that creates a well-founded fear that violence is about to happen. Each part of that definition is a defense: words alone with no ability to act, a threat the other person did not take seriously, or a conditional “if you ever” statement is not an assault.

• Assault is a second-degree misdemeanor: up to 60 days in jail and a $500 fine.
• Aggravated assault under § 784.021, an assault with a deadly weapon or with intent to commit a felony, is a third-degree felony: up to five years in prison. Almost anything can be a “deadly weapon” if the State says it was used in a way likely to cause death or great bodily harm, including a car.
• Assault on a law enforcement officer, firefighter, or emergency medical worker is reclassified under § 784.07: assault becomes a first-degree misdemeanor, and aggravated assault becomes a second-degree felony with a three-year mandatory minimum.
• Assault on a person 65 or older is reclassified the same way, with aggravated assault becoming a second-degree felony.
• Written or electronic threats to kill or injure, including texts, posts, and messages, are charged under § 836.10 as a second-degree felony, up to 15 years, even if no one was ever in the same room.

Aggravated assault was removed from Florida’s 10-20-Life statute in 2016, so pointing a firearm no longer carries an automatic 10-year minimum, but it remains a felony that cannot be sealed or expunged even with a withhold of adjudication.

What Happens After an Assault Arrest in Pinellas County

Misdemeanor assault often results in a notice to appear rather than a trip to jail. Aggravated assault and assault on an officer result in an arrest and a first appearance at the Pinellas County Justice Center in Clearwater within 24 hours, where the judge sets bond and, in almost every case, a no-contact order with the alleged victim. Violating that order is a separate charge and usually means losing bond.

The State Attorney’s Office then decides what to file. Aggravated assault charges are regularly filed as misdemeanor assault, or not filed at all, when the “weapon” turns out to be a phone, a set of keys, or a car that never came close. The weeks before the filing decision are when a defense lawyer can do the most, by getting the video, the 911 call, and the witness accounts in front of the prosecutor before the charge is set.

How Goldman Wetzel Defends Assault Cases

What was actually said and done. Assault cases are built on the accuser’s account of a threat. We obtain the 911 recording, body camera footage, surveillance video, and texts from before and after the incident, and we compare them with the report. Threats get sharper in the retelling.

Self-defense. A person who threatens force to stop an attack, or to protect someone else, has not committed an assault. Florida’s Stand Your Ground law applies to threats of force as well as force, and it allows us to seek immunity before trial. Our Stand Your Ground article explains how.

The weapon. Whether an object was a deadly weapon, and whether it was used in a way that made the threat credible, is the difference between a misdemeanor and a felony. We press on both.

The accuser. Many assault reports come out of a dispute the accuser was also part of, a custody fight, or a neighbor feud. We investigate the history between the parties and depose the witnesses under oath before trial.

Resolution. Misdemeanor assault is eligible for pre-arrest diversion and the State Attorney’s misdemeanor intervention program, both of which end without a conviction. Felony charges are regularly reduced where the evidence supports it. Where it does not, we prepare the case for trial.

Frequently Asked Questions

What is the difference between assault and battery?

Assault is a threat; battery is a touching. You can be charged with assault without touching anyone, and with battery without any threat. They are often charged together, and our battery page covers the second half.

Can I be charged for a threat made over text or social media?

Yes, and it is a more serious charge than a face-to-face threat. A written or electronic threat to kill or injure is a second-degree felony under § 836.10, regardless of whether you meant it or could have carried it out.

The other person started it. Does that matter?

It can be the whole case. If you threatened force to defend yourself or someone else against an attack, that is lawful. The police often arrest the person who is still at the scene or who has no visible injuries, and we go back and establish who the aggressor was.

Can an assault charge be sealed or expunged?

Misdemeanor assault can be sealed with a withhold of adjudication, and a dismissed charge can be expunged. Aggravated assault cannot be sealed even with a withhold, which is why the goal in a felony case is a reduction or dismissal. Our expungement page explains the process.

Will there be a no-contact order?

Almost always, as a condition of release. It stays in place until the case ends or the court modifies it, and it applies even if the other person reaches out to you. We can move to modify it when the alleged victim agrees, but you cannot simply ignore it.

Related Pages

• Aggravated assault
• Assault on an officer
• Felony assault
• Domestic battery by strangulation
• Assault arrests and assault investigations
• St. Petersburg battery lawyer
• Florida violent crimes
• Is pointing a gun at someone a crime?
• Clearwater • Bradenton

Speak With a St. Petersburg Assault Lawyer

If you have been accused of assault in St. Petersburg or anywhere in Pinellas County, contact Goldman Wetzel or call (727) 828-3900 for a confidential consultation. The earlier we are involved, the better the options.